Prabhat Pandey v. State Of U. P. Thru. Prin. Secy. Home Lko.
2024-04-05
SAURABH LAVANIA
body2024
DigiLaw.ai
JUDGMENT : Saurabh Lavania, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application under Section 482 Cr.P.C has been filed by the applicant with the prayer to quash/set- aside the entire proceedings of Criminal Case No. 242/2024 (State vs. Prabhat Pandey) arising out of charge sheet No. 469 of 2023 dated 19.11.2023 filed in FIR/Case Crime No. 0621/2023, under Section 294 IPC, Police Station- Kotwali Ayodhya, District- Ayodhya and summoning order dated 30.01.2024 passed by Chief Judicial Magistrate, Ayodhya. 3. The case set up by the prosecution, as appears from FIR No. 0621 of 2023 dated 04.11.2023, under Section 294 IPC, Police Station-Kotwali Ayodhya, District- Ayodhya and charge sheet No. 469 of 2023 dated 19.11.2023, is summarized as under:- (i) On 04.11.2023, an informer of the police informed the Anti-Romeo team that at beneath of an under construction flyover at Tedi Bazar to Mahoba road, one person is passing comments and using obscene and vulgar language to the females and girl students. (ii) On receipt of information aforesaid, the police party reached the spot indicated by the alleged informant. (iii) At alleged situs of alleged crime said to be committed by the applicant, the alleged informant identified the applicant. (iv) At alleged place of alleged crime, the Anti-Romeo team found that the applicant is passing comments and using obscene and vulgar language to the females and girl students and thereafter the applicant was arrested on the spot. (v) The charge sheet indicates that all the witnesses of prosecution are public personnel. 4. Pressing the instant appeal for the relief(s) sought, learned counsel for the applicant submitted that the basic ingredients of Section 294 IPC are not satisfied even if the prosecution story is taken at its face value, as there is neither any eye-witness nor independent witness nor any person had come forward to say that the alleged act of the applicant has annoyed any person. Prayer is to allow the application and quash the entire criminal proceedings pending against the applicant. 5. Learned AGA vehemently opposed the instant application for the prayer sought. However, he could not dispute the aforesaid including that no person had come forward to say that the alleged act of the applicant had annoyed any person. 6.
Prayer is to allow the application and quash the entire criminal proceedings pending against the applicant. 5. Learned AGA vehemently opposed the instant application for the prayer sought. However, he could not dispute the aforesaid including that no person had come forward to say that the alleged act of the applicant had annoyed any person. 6. In order to come to the conclusion, it would be appropriate to take note of language couched under Section 294 IPC, which reads as under:- "294. Obscene acts and songs.--Whoever, to the annoyance of others,-- (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both." 7. Section 294 IPC, quoted above, indicates that if an accused, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene songs, ballad or words, in or near any public place, only then, Section 294 IPC would be attracted. 8. In the case in hand, undisputedly, no person had come forward to say that the alleged act of the applicant had annoyed any person nor the victim has come forward making allegations against the applicant. 9. In view of aforesaid, I am of the considered opinion that no offence under Section 294 IPC is made out against the applicant. 10. For the reasons aforesaid, the proceedings of Criminal Case No. 242/2024 (State vs. Prabhat Pandey) arising out of charge sheet No. 469 of 2023 dated 19.11.2023 filed in Case Crime No. 621/2023, under Section 294 IPC, Police Station- Kotwali Ayodhya, District-Ayodhya and summoning order dated 30.01.2024 passed by Chief Judicial Magistrate, Ayodhya along with consequential orders are hereby quashed. 11. The application is, accordingly, allowed.